A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

피고인은 2012. 2. 27. 03:25경 경기 남양주시 C주점에서 다른 테이블에 있던 피해자 D(24세)와 합석하여 술을 마시다가 피해자에게 "뚱뚱하다"고 말한 것을 계기로 피해자와 시비하던 중 발로 피해자의 배를 때리고, 테이블에 있던 위험한 물건인 맥주병을 들어 피해자를 향해 휘두르고, 진열대에 있는 위험한 물건인 양주병을 피해자에게 던져 피해자에게 3주간의 치료를 요하는 우측 수부 심부 열상 등을 가하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to suspect and field photographs;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The scope of the final sentence to be recommended by the sentencing guidelines from January to June 15 of the Criminal Act: The scope of the sentence to be imposed on the grounds of sentencing under Article 62 (1) of the Act on the Suspension of Execution (hereinafter referred to as "the grounds of sentencing"): The final sentence period recommended by the sentencing guidelines from June to June: Imprisonment with prison labor for a year from one year and six years: [the types of crimes] the criteria and types of special injury (special sentencing) among the violent crime groups: None of the mitigated factors: The mitigated factors [the scope of the recommended sentence] the mitigated area (one year and six months from June to June): Whether or not the suspended sentence is recommended by the sentencing guidelines (the main reasons of the suspended sentence): The affirmative reason of the suspended sentence by carrying the deadly weapon or other dangerous things (the general reason): The affirmative reason is a crime; there is no reflective reason; the defendant's attitude that there is no adverse reason: the risk of the decision of the crime of this case can be taken into account, and the confession or confession of the defendant is required.